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COUNTY OF SANTA CRUZ
PLANNING DEPARTMENT
701 OCEAN STREET, 4TH FLOOR, SANTA CRUZ, CA 95060 (831) 454-2580
FAX: (831) 454-2131 TDD: (831) 454-2123
KATHLEEN MOLLOY, PLANNING DIRECTOR
AGENDA DATE: October 23, 2019
October 15, 2019 Planning Commission County of Santa Cruz 701
Ocean Street Santa Cruz, CA 95060
SUBJECT: Public hearing to consider amendments to the Santa Cruz
County General Plan/ Local Coastal Program (GP/LCP) and the Santa
Cruz County Code (SCCC) to facilitate workforce rental housing and
school employee housing on Public Facility (PF) zoned sites, update
regulations for qualified agricultural employee (farmworker)
housing consistent with state law, and establish a discretionary
review process to allow a limited number of 100% affordable rental
farmworker (agricultural employee) housing projects on qualified
agricultural parcels outside the Coastal Zone. Proposed amendments
to the LCP require certification by the Coastal Commission.
Recommended Actions:
1. Open a public hearing to consider proposed amendments to the
Santa Cruz County GP/ LCP and the SCCC related to Public Facility
and School Employee Housing and to Agricultural Employee
(Farmworker) Housing; and
2. Adopt the attached resolution (Exhibit A) recommending that
the Board of Supervisors approve the Negative Declaration (Exhibit
E); adopt the proposed amendments to the Santa Cruz County GP/ LCP
(Exhibit B) and SCCC (Exhibits C and D); and transmit the proposed
amendments to the California Coastal Commission for adoption.
Executive Summary In response to community concern regarding the
affordable housing crisis in the County, in June of 2018 the Board
of Supervisors directed Planning staff to work with the Housing
Advisory Commission and hold a public discussion to develop
proposals facilitating the development of workforce and affordable
housing, including farmworker housing. The resulting amendments
before your Commission establish affordable workforce rental
housing and school employee rental housing as public/quasi-public
uses in the PF Zone District. The proposal also clarifies that
qualified agricultural employee housing projects are an
agricultural use permitted on land zoned for agriculture consistent
with state law, clarifies existing codes for small farmworker
housing projects, and establishes a new discretionary review
process and development reserve for development of a limited number
of affordable farmworker housing projects by qualified non-profit
housing developers on qualifying agricultural parcels outside the
Coastal Zone. These amendments represent the completion of a
package of proposals supporting the development of affordable
housing in the County as directed by the Board of Supervisors.
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As provided in the attached Negative Declaration (Exhibit E),
the proposed amendments have been reviewed under the California
Environmental Quality Act (CEQA) and found not to have the
potential to cause a significant impact to the environment.
Background
There is a documented need for affordable housing, including
workforce housing that is affordable to school employees, and safe
and affordable housing for farmworkers. These needs are recognized
at the County level in the General Plan and in the 2019-2021 County
Operational Plan, and are also recognized at the state level and
addressed in state law. The Board of Supervisors has taken numerous
actions over the past several years to support the develoment of
affordable housing.
In June 2018 the Board of Supervisors directed Planning staff to
update policies for farmworker housing and workforce housing more
broadly, including housing in public facilities zones. In a related
action, responding to direction in the Housing Element to update
Farmworker Housing regulations pursuant to state law and to
collaborate with stakeholders to develop strategies for producing
farmworker housing, in 2018 the County participated in the 2018
Farmworker Housing Study and Action Plan for the Salinas Valley and
Pajaro Valley (Exhibit I).
On June 11, 2019, the Board of Supervisors endorsed a farmworker
housing strategy informed by the findings of the 2018 Farmworker
Housing Study. Goals in the strategy include updating the General
Plan and County Code to implement programs in the Housing Element,
and facilitating the development of 200 units of affordable family
farmworker housing and an additional target of 300 units of on-farm
housing.
The Agricultural Policy Advisory Commission considered the
proposed amendments related to agricultural employee (farmworker)
housing on August 15, 2019, and recommended that the Board adopt
the agricultural employee housing amendments in substantially the
form provided (see Exhibit H, draft minutes).
Analysis
Existing State and County Policies and Regulations Related to
Public Facility, School Employee and Farmworker Housing
State: The State of California recognizes that housing
affordable to school employees is in short supply, making it
difficult for local communities to recruit and retain qualified
teachers. New state legislation has been enacted recently to
facilitate school employee housing, including AB 1157 which
streamlines the process for school districts to develop rental
housing for school employees. Proposed updates to County policies
and regulations for school employee housing on school-owned PF
sites support these state laws.
Various state laws also support the development of housing for
farmworkers, while protecting the viability of agriculture and
preserving agricultural lands. The California Employee Housing
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Act (“EHA”), codified in California Health and Safety Code
sections 17000-17062.5, recognizes that an adequate supply of
decent, safe and sanitary housing for farmworkers is critical to
the ongoing viability of commercial agriculture, and preempts any
local regulations in conflict with its provisions. The EHA
regulates farmworker housing that meets certain criteria (“EHA
Projects”), requiring local jurisdictions to consider housing
projects proposed on agricultural land to house at least 5
farmworkers, with no more than 12 dwelling units, or up to 36 beds
in group quarters, as an agricultural land use. The EHA further
requires local agencies to facilitate an adequate supply of
farmworker housing (“employee housing”) to meet local needs. More
detail on the EHA is provided in Exhibit J.
County: Existing goals, policies and programs in the County
Housing Element support the development of affordable and workforce
housing. Goal 2, to “encourage and assist in the development of
housing”, directs Planning staff to refine zoning standards and
develop new land use tools to increase housing production. Goal 3,
to “remove unnecessary governmental constraints to housing,”
includes implementing Program 3.1 directing Planning staff and the
Board of Supervisors to streamline regulations to support
affordable housing and housing that is affordable by design,
including mixed-use projects. The amendments for workforce housing
on Public Facility sites and farmworker housing support these goals
and programs.
Existing County policies and regulations also support the
development of farmworker housing, while continuing to protect
local agriculture and agricultural lands pursuant to Measure J.
Program 2.11 of the Housing Element directs planning staff to
collaborate with stakeholders to develop strategies for producing
farmworker housing. Program 5.9 further directs staff to finalize
code updates to regulate agricultural farmworker housing as an
agricultural use and provide a pathway for discretionary projects
that exceed the size granted by-right processing in state law.
Consistent with existing County policies and programs, the proposed
amendments recognize farmworker housing as an agricultural land use
on agricultural land that is essential to the local agricultural
economy, while maintaining strong protections for agricultural
land.
The proposed amendments support the County’s efforts to meet the
affordable housing and local inventory goals of the County’s
Strategic Plan. In addition, the amendments help to implement
objectives in the County Operational Plan for 2019-2021 related to
farmworker housing and workforce housing on PF sites. Objective
#132, Workforce Housing, states “by June 2021, Planning will
complete amendments of General Plan policies and County Land Use
Regulations to enable employers to utilize land occupied by public
facilities for workforce housing.” Objective #130, Farmworker
Housing, states “by June 2021, Planning will identify at least two
potential sites and initiate affordable year-round farmworker
housing projects.”
Summary of Proposed Amendments
Workforce Housing on Public Facility Sites
Proposed GP/ LCP amendments provided in Exhibit B to policies in
the Land Use Element (Chapter 2) and Parks, Recreation and Public
Facilities Element (Chapter 7); and SCCC amendments provided in
Exhibit F (Strike-through amendments) to SCCC 13.10 (Zoning
Regulations) and 17.02 (Urban Services Line and Rural Services
Line), would facilitate the
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development of affordable rental housing and school employee
rental housing in the PF Zone District.
Public Facility sites within the USL and RSL, and school-owned
PF sites in the unincorporated area, may include underutilized land
that could be developed for housing. While housing is currently
allowed on PF sites, the allowable densities do not support the
development of workforce and affordable housing. Recognizing that
affordable housing and housing for school employees is essential to
the well-being of the community and the local economy, the updated
GP/LCP and SCCC would identify affordable rental housing on PF
sites in the USL and RSL, and school employee rental housing on PF
sites in the unincorporated areas owned by a school, as
discretionary public/quasi-public uses. Allowable densities for
these housing types would be increased to up to the urban high
density range of 17.4 units per acre, which is the density needed
to support the construction of affordable and workforce housing.
The GP/LCP and SCCC would also be amended such that policies and
regulations limiting residential density to certain levels would
not apply to affordable housing and school employee housing as
public/quasi-public land uses, and to ensure that water service and
appropriate sanitation or sewage treatment can be provided to these
sites. SCCC 18.10 would also be amended to allow Planned Unit
Developments on PF sites, to provide additional flexibility for
affordable and workforce housing and other projects on PF
sites.
The San Lorenzo Valley School District is exploring the
possibility of developing school employee housing at the former
Redwood Elementary School, located at 16300 Highway 9 in Boulder
Creek. Analysis of this proposal is included in the Negative
Declaration (Exhibit E).
Agricultural Employee (Farmworker) Housing
To facilitate the development of agricultural employee
(farmworker) housing, as provided in Exhibit B the proposal would
amend GP/LCP policies in Land Use Element (Chapter 2), Conservation
Element (Chapter 5), and the Parks, Recreation and Public
Facilities Element (Chapter 7). Proposed amendments to the SCCC as
provided in Exhibit G (strike-through copy) include updates to the
Agricultural Uses Chart (13.10.312), Farmworker Housing regulations
(13.10.631), SCCC 13.14 (Rural Density Matrix), SCCC 17.02, and
Agricultural Buffer Setbacks (16.50.095). These amendments would
achieve three goals related to development of farmworker housing on
land in the Agriculture (A), Commercial Agriculture (CA), and
Agricultural Preserve (AP) zone districts:
A. Consistency with EHA: Improve consistency of current County
policies and regulations with EHA provisions for development of EHA
Projects on agricultural parcels. The amendments clarify that EHA
Projects are considered an agricultural use, not a residential use,
and provide a permitting path that does not exceed the level of
review or discretion required for other agricultural uses in the
same zone. To achieve this goal, the amendments designate EHA
Projects as a principally permitted agricultural use in the CA, A
and AP zoned districts which is not subject to residential density
limitations, and require a Site Development Permit with site plan
review, all applicable ministerial permits (building, fire, water,
sanitation, and EHA Licensing), and applicable CEQA review.
Amendments to the GP also allow for water and sewage treatment to
be provided to these sites. The amendments regulate unit size and
parking,
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and require that the units be sited to minimize disturbance to
agricultural land. The amendments also clarify that, as an
agricultural use on agricultural properties, EHA Projects are not
subject to the Agricultural Buffer Setback policies in SCCC
16.10.095. Regulations also include strong enforcement provisions
to ensure that units are rented only to farmworker households, in
order to prevent the conversion of agricultural land to
non-agricultural land uses.
B. Clarify Requirements for Small Farmworker Housing Projects:
Clarify and consolidate code language, mainly in the Agricultural
Uses Chart, to reduce redundancy and clarify permitting
requirements, particularly for small farmworker housing projects of
1 to 4 units, and for seasonal and temporary projects, consistent
with the EHA. Improve code provisions for monitoring and
enforcement of applicable occupancy and health and safety standards
for permitted farmworker housing projects to prevent fraud and
abuse and address safety concerns.
C. Affordable Rental Farmworker Housing (ARFH) Projects: The
proposed amendments to the GP would establish a development reserve
to allow up to 200 new affordable farmworker housing dwelling units
within agricultural zones, outside of the Coastal Zone, in the
unincorporated areas of southern Santa Cruz County (Pájaro Valley –
see map in Exhibit D). Staff anticipates that no more than four to
five ARFH projects would be permitted before the 200-unit cap is
reached, as these projects usually range from 40 to 60 units per
project.
Because these larger ARFH projects would have more than 12
units, they would not qualify as EHA Projects. The County has
greater flexibility to establish discretionary review policies and
standards for them, as they are not covered by the EHA. ARFH
projects would require Level VII discretionary review with approval
by the Board of Supervisors, and would be subject to CEQA review.
ARFH projects would be developed by qualified non-profit affordable
housing providers and would be subject to 55-year or longer
affordability restrictions. Projects would not be allowed within
environmentally sensitive habitats, or in fault zones, flood zones,
or high wildfire risk areas. The proposed amendments would also
allow the creation of a new parcel on CA and A land with a minimum
size of one acre where necessary to obtain financing for the ARFH
project. Other detailed siting criteria to protect agricultural
land and ensure occupant safety is included in the proposed
amendments to the SCCC (Exhibit D).
Environmental Review
An Initial Study has been prepared to evaluate the potential for
significant environmental impacts pursuant to CEQA. The proposed
amendments were found not to have the potential to significantly
impact the environment, and a Negative Declaration has been
prepared (Exhibit E). Under the proposed amendments, individual
proposals for agricultural employee (farmworker) housing in
agricultural zones, and for affordable housing and school employee
housing on PF sites, would be subject to CEQA review, and existing
regulations in SCCC Title 16 for protecting the environment and
sensitive habitats would continue to apply.
Consistency with the Local Coastal Program and the Coastal
Act
The proposed amendments to the SCCC and the GP/LCP are
consistent with the Coastal Act and all other provisions of the
Local Coastal Program. Regulations in SCCC Title 16 protecting
environmental resources and environmentally sensitive habitats will
continue to apply to
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individual projects. The proposed amendments would not impede
coastal access, and will not result in the conversion of existing
uses to lower priority land uses in the Coastal Zone.
In addition, the proposed amendments are consistent with the
criteria required for amendments to the Coastal Land Use Plan (LCP
policies in the GP) provided in SCCC 13.03.110. Specifically,
pursuant to SCCC 13.03.110(D), the proposed amendments to
agricultural policies and regulations will not result in the
conversion of agricultural land to non-agricultural uses. In
accordance with state law, the amendments recognize agricultural
employee (farmworker) housing as an agricultural land use necessary
to agricultural operations. Therefore, the amendments will not
result in the conversion of agricultural land to non-agricultural
uses. Additionally, the proposed amendments regulate the siting of
farmworker housing to minimize disturbance to agricultural land,
allow the units to be occupied only by agricultural employee
households, and include strict enforcement provisions for
developments found to be in violation of state law or the SCCC to
further protect agricultural land. In addition, the amended
policies do not allow ARFH projects to be located within the
Coastal Zone, as shown on the map provided in Exhibit D.
Submitted by: Suzanne Isé, Principal Planner, Housing Annie
Murphy, Senior Planner, Sustainability and Special Projects
Approved by: Kathleen Molloy, Planning Director
Exhibits:
A. Planning Commission Resolution B. Proposed General Plan
Amendments C. Proposed Ordinance for Affordable and School Employee
Housing in the PF Zone District D. Proposed Ordinance for
Agricultural Employee (Farmworker) Housing E. CEQA Negative
Declaration F. Strike-through Ordinance for Workforce Housing in
the Public Facility Zone District G. Strike-through Ordinance for
Agricultural Employee (Farmworker) Housing H. Draft Minutes of the
August 15, 2019 Agricultural Policy Advisory Commission Meeting I.
Link to the 2018 Farmworker Housing Study and Action Plan:
https://docs.wixstatic.com/ugd/8d7a46_7f3fe90582cb4c19bf9f90e86d0bbd8b.pdf
J. Link to HCD Employee Housing Facility Inspection Booklet
(summary of Employee Housing Act provisions and implementation
requirements)
http://www.hcd.ca.gov/building-standards/employee-housing/docs/EMPLOYEEHOUSINGOPERATORBOOKLET-1.pdf
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https://docs.wixstatic.com/ugd/8d7a46_7f3fe90582cb4c19bf9f90e86d0bbd8b.pdfhttp://www.hcd.ca.gov/building-standards/employee-housing/docs/EMPLOYEEHOUSINGOPERATORBOOKLET-1.pdfhttp://www.hcd.ca.gov/building-standards/employee-housing/docs/EMPLOYEEHOUSINGOPERATORBOOKLET-1.pdf
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SECTION I
Chapter 2: Land Use
A. Under “Authority and Purpose,” in the “General Land Use
Policies Planning Framework” section, on page 2-3, after the first
sentence of paragraph 7 of this section, insert an asterisk and add
the following footnote to read as follows:
In areas outside of the Urban Services Line and Rural Services
Line, the “Rural Density Matrix”
provides for parcel-specific determination of allowable
densities based on the availability of
services, environmental and site specific constraints, and
resource protection factors required by
the Growth Management System and the General Plan and LCP Land
Use Plan.*
* School employee housing as defined in the Santa Cruz County
Code (SCCC) proposed in
the Public Facility Zone district is considered a quasi-public
use and is not subject to residential
density determinations in the Rural Density Matrix. In addition,
Agricultural Employee
(Farmworker) Housing on a site in an agricultural zone district
is considered an agricultural
land use and is not subject to residential density
determinations in the Rural Density Matrix.
B. Objective 2.21, “Public Facility/ Institutional Designation
(P)” and related policies 2.21.1, 2.21.3 and 2.21.5 are hereby
amended to read as follows:
Objective 2.21 Public Facility/Institutional Designation (P)
(LCP) To ensure adequate present and future availability of land
for both public and quasi-
public facility uses including schools and Uuniversity
facilities, which may include
school employee rental housing, fire stations, churches,
hospitals, cemeteries, sanitary
landfills, and water supply and treatment facilities.
Policies
2.21.1 Public Facility/Institutional Land Use Designation
(LCP) Utilize a Public Facility/Institutional land use
designation on the General Plan and
LCP Land Use Maps to designate public and quasi-public
facilityies uses and integrally
related public facility support facilities. Recognize an
intensity of use for existing public
and private institutions at existing levels of development:
(a) Permit new development or increases in intensity of use for
public institutions and
private non-residential public facility uses where consistent
with infrastructure constraints,
and scenic, natural and agricultural resource protection.
(cb) Recognizing that affordable housing serves a public
purpose, essential to the local
workforce and economy, and necessary to public health, safety
and welfare, allow 100%
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affordable rental housing projects as an ancillary or primary
public/quasi-public
discretionary use on land within the Urban and Rural Services
Lines with a Public Facility/
Institutional Land Use Designation, at the urban high-density
range. Within the RSL,
affordable housing is exempt from Policy 2.3.5 (Areas within the
Rural Services Line).
The housing units shall be affordable to lower-income households
as defined in Title 25 of
the California Code of Regulations.
(dc) Recognizing that housing that is affordable to teachers and
other school employees
is essential to support education, yet is often in short supply
in the County, allow multi-
family rental housing for school employee households as an
ancillary or primary
public/quasi-public discretionary use on sites within the Public
Facility/ Institutional Land
Use Designation that are owned by a private school or public
school district, where
consistent with the environmental carrying capacity of the
parcel and where the adequate
services and appropriate infrastructure are available or will be
provided concurrent with
development. The density range shall be up to urban high. As a
quasi-public use, school
employee housing on property owned by a private school or public
school district with a
Public Facility/ Institutional Land Use Designation is not
subject to the residential density
determinations in the Rural Density Matrix. Additionally, school
employee housing
proposed on school-owned property is not subject to provisions
in the General Plan that
limit residential density or require a minimum amount of land
area per dwelling, including
provisions in Figure 2-2, Policies 5.5.6 (Land Division and
Density Requirements in Water
Supply Watersheds), 5.8.2 (Land Division and Density
Requirements in Primary
Groundwater Recharge Areas), and 5.8.9 (Development Densities
With Poor Groundwater
Availability). If necessary in order to finance the development
of school employee housing,
as determined by the school, a new parcel boundary encompassing
the development
envelope of the proposed school employee housing may be created
to create a new legal
parcel separate from the larger school property. However, any
condominium map or
subdivision map proposed to create a separate condominium or
single family parcel for
each school employee housing unit shall be subject to the Rural
Density Matrix, where
applicable, and to minimum parcel size requirements in the above
policies.
(bd) Permit new development or increases in intensity of use for
private public facility
residential Uuses that are not either 100% affordable housing or
school employee rental
housing on school-owned sites, only if determined to be
ancillary to the existing Public
Facility use, (1) in urban areas equivalent to medium density
residential, and (2) in rural
areas equivalent to the rural residential density range: 2-1/2
to 20 acres/dwelling unit (or
equivalent), as determined by application of the Rural Density
Matrix.
2.21.3 Allowed Uses in Public Facility/Institutional
Designations Utilize Public Facility/Institutional land use
designations exclusively for the public or
quasi-public facility activity and appropriate ancillary uses at
the site, and prohibit private
uses more appropriately found under other General Plan and LCP
Land Use Plan
designations.
2.21.5 Master Plans for Public Facility/Institutional Uses
Require long-term Master Plans for public facilities prior to
establishing new facilities or
expanding existing facilities. Master Plans should be
coordinated with adjacent uses and
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include consider neighboring development when the public
facility use affects adjacent
uses or encourages related support service development. Master
Plans should also
demonstrate that the proposed use and projected expansion area
is compatible with County
population growth goals.
SECTION II
Chapter 5: Conservation and Open Space
A. Under Objective 5.13, “Commercial Agricultural Land,”
Policies 5.13.5, 5.13.6, 5.13.14, 5.13.24, and 5.13.30 are hereby
amended to read, and Policy 5.13.6.2 is added to read, as
follows:
5.13.5 Principal Permitted Uses on Commercial Agricultural (CA)
Zoned Land (LCP) Maintain a Commercial Agricultural (CA) Zone
District for application to commercial
agricultural lands that are intended to be maintained
exclusively for long-term commercial
agricultural uses. Allow principal permitted uses in the CA Zone
District to include only
agricultural pursuits for the commercial cultivation of plant
crops, including food, flower,
and fiber crops; and raising of animals including grazing and
livestock production; and
farmworker housing projects proposed pursuant to the California
Employee Housing Act,
(Health and Safety Code Sections 17000-17062.5) or (“EHA”) which
provide housing for
at least five farmworkers but do not exceed 36 beds in group
quarters, or do not exceed 12
dwelling units or mobile homes, or other housing accommodations
designed for occupancy
by a household (“EHA Projects”); and, outside the coastal zone
only, Small Farmworker
Housing Projects, as defined in County Code 13.10, proposed to
provide housing for four
or fewer farmworkers; and timber harvesting operations. 5.13.6
Conditional Uses on Commercial Agricultural (CA) Zoned Lands
(LCP) All conditional uses shall be subject to standards which
that specify siting and development
criteria including: size, location and density. Allow
conditional uses on CA zoned lands
based upon the following conditions:
(a) The use constitutes the principal agricultural use of the
parcel; or
(b) The use is ancillary, incidental, or accessory to the
principal agricultural use of the
parcel, including any Small Farmworker Housing Project, as
defined in Santa Cruz
County Code (SCCC) 13.10, proposed within the Coastal Zone to
provide housing
for four or fewer farmworkers; or
(c) The use consists of an interim public use which does not
impair long term agricultural
viability, or consists of a permanent public use that will
result in the production of
recycled wastewater solely for agricultural irrigation, and that
minimizes and offsets
the loss of agricultural land resulting from facility
construction (Amended by Res.
111-2006); or
(d) The use consists of development of an Affordable Farmworker
Rental Housing
Project pursuant to the Development Reserve established in
Policy 5.13.6.2 below
and located outside of the Coastal Zone; and
(de) The use is sited to avoid conflicts with principal
agricultural activities in the area; and
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(ef) The use is sited to avoid, where possible, or otherwise
minimize the removal of land
from agricultural production.
5.13.6.1 Biomedical Livestock Operations
[No change to this subsection. Included for reference only]
5.13.6.2 Development Reserve for Affordable Rental Farmworker
Housing Projects
For sites located outside of the Coastal Zone only, a
Development Reserve is hereby
established to allow development of no more than 200 total units
of affordable, multi-
family rental housing for farmworker households by qualified
non-profit housing providers
(“Affordable Rental Farmworker Housing Projects” or “ARFH
Projects”) within certain
qualifying agricultural areas of unincorporated Pajaro Valley,
as further set forth in SCCC
13.10. The ARFH Projects may be allowed by the County as a
conditional use on qualifying
agricultural lands in CA or A zoning districts with a Level VII
discretionary approval,
subject to CEQA review. The total number of dwelling units in
all ARFH projects approved
pursuant to this Development Reserve, combined, shall not exceed
two hundred (200)
units. Each ARFH project is estimated to consist of
approximately 40 to 60 multi-family
dwelling units, therefore the capacity of this Development
Reserve is expected to be
sufficient for four to five ARFH projects in total. ARFH
projects are not EHA Projects, as
defined in policy 5.13.5.
5.13.14 Type 1A and Type 3 (Viable Agriculture) Land Division
Criteria
(LCP) Maintain existing parcel sizes of Type 1A and Type 3
Agricultural Lands and allow
land divisions only for exclusive agricultural purposes under
the following conditions:
(a) When documented to be necessary for continued commercial
agricultural use of the parcels, including for the development of
affordable rental farmworker housing
(ARFH),
(b) When determined not to be detrimental to the economic
viability of said parcels, adjoining or nearby parcels,
(c) Where all parcels involved will be of sufficient size to
allow for economic farming of
the parcels. In no case shall the minimum parcel size in new
land divisions be smaller
than 10 arable acres for Type 1 lands, nor smaller than 20
arable acres for Type 3 lands,
except as allowed for an AFRH project *, and
(d) Where no conflicts with adjacent agricultural operations
result from the land
division.
* The creation of a new parcel no less than one acre in size for
an ARFH project may be
allowed when necessary to obtain financing for construction of
the project. Such a parcel shall
not include a condominium map.
5.13.24 Agricultural Buffer Findings Required for Reduced
Setbacks
(LCP) A 200-foot buffer setback is required between habitable
development and commercial
agricultural land (habitable development includesing residential
land uses or development
farm labor housing, commercial or industrial establishments on
commercial agricultural
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land), unless a lesser distance is established as set forth in
the Agricultural Land
Preservation and Protection ordinance. Any amendments to the
language of the agricultural
buffer ordinance shall require a finding demonstrating that
agricultural lands shall be
afforded equal or greater protection with the amended
language.
5.13.30 Farm Labor Farmworker Housing
Recognizing that farmworker housing is essential to the
viability of local agriculture, and
that there is a shortage of safe and affordable farmworker
housing, Aallow EHA Projects,
as defined in Policy 5.13.5, farm operations to locate farm
labor housing within the
Agriculture and cCommercial aAgricultureal areas zone districts
as a principal permitted
agricultural use, consistent with the EHA, subject to on
unfarmable portions of the property,
if available, sited so as not to create health problems from
pesticides, herbicides and other
adjacent agricultural activities, and with adequate buffering
based on recommendations of
the Agricultural Policy Advisory Commission. the permitting and
enforcement provisions
of the EHA, and administrative site plan review (Level III).
Allow Small Farmworker
Housing Projects as defined in SCCC 13.10 as a principally
permitted use on CA and A
parcels outside the Coastal Zone, and as a conditional use on
parcels within the Coastal
Zone. Allow ARFH Projects on CA and A zoned parcels outside the
Coastal Zone only as
a conditional use pursuant to policies 5.13.6, 5.13.6.2, and the
farmworker housing project
requirements in SCCC 13.10, but only up to a total of 200 units,
within the Development
Reserve established by Policy 5.13.6.2.
Farmworker housing projects, including EHA Projects, Small
Farmworker Housing
Projects, and ARFH Projects, all as defined in SCCC 13.10,
proposed on property within
an agricultural zone district (A, CA, or AP) are considered
agricultural land uses and are
not subject to residential density determinations in the Rural
Density Matrix. As an
agricultural land use, farmworker housing proposed within
agricultural zones is also not
subject to provisions in the General Plan that limit residential
density or require a minimum
amount of land area per dwelling, including provisions in Figure
2-2, Policies 5.5.6 (Land
Division and Density Requirements in Water Supply Watersheds),
5.8.2 (Land Division
and Density Requirements in Primary Groundwater Recharge Areas),
and 5.8.9
(Development Densities With Poor Groundwater Availability).
Except as indicated in
Policy 5.13.14 and 5.14.12 for ARFH projects, which allow
creation of a separate parcel
for the project if needed to allow for ARFH project financing,
any land division proposed
in association with other types of farmworker housing (EHA or
Small Projects), such as a
parcel map, condominium or subdivision map, is subject to the
minimum parcel size
determinations in the Rural Density Matrix where applicable, to
minimum parcel size
requirements for the applicable zone district, and to minimum
parcel size requirements in
the above policies.
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B. Under Objective 5.14, “Non-Commercial Agricultural Land,”
Policies 5.14.1 and
5.14.10 are amended and Figure 5-2 is added to read as
follows:
Objective 5.14 Non-Commercial Agricultural Land
5.14.1 Uses Allowed on Non-Commercial Agricultural (A) Zoned
Lands (LCP)
(Agricultural Land Use Designation with Agricultural Zone
District)
On land designated Agricultural on the General Plan and LCP Land
Use Maps, but not
Agricultural Resource on the Agricultural Resources Maps, allow
the following range of
uses based on parcel size.
(a) On parcels 2.5 acres or smaller in size, allow one residence
and accessory uses;
agricultural uses including EHA Projects and Small Farmworker
Housing Projects;
open space uses; and recreational uses and community facilities
where these uses can
be shown to not conflict with any adjacent agricultural
activity.
(b) On parcels over 2.5 acres in size, allow a range of
agricultural uses, including both
commercial and non-commercial agricultural activities including
EHA Projects and
Small Farmworker Housing Projects; one residence; publicly owned
and operated
landfill as an interim use; or other uses where these uses are
consistent with the Coastal
Act, and where these uses can be shown to not conflict with any
adjacent agricultural
activity.
(c) Agricultural service establishments according to siting
criteria for the location of such
businesses. Siting criteria shall include the following: the
business shall be compatible
with the agricultural area and support farming operations in the
area; potential
business sites will not conflict with agricultural practices or
residential uses; and
potential business sites will afford maximum protection of
agricultural production and
resource values.
5.14.10 Conditional Uses Development on Non-Commercial
Agricultural Land
Apply policies 5.13.9, 5.13.11 and 5.13.12 to discretionary
development (conditional uses)
proposed on non-commercial agricultural land. Allow ARFH
Projects outside the Coastal
Zone, and Small Farmworker Housing Projects proposed inside the
Coastal Zone as
conditional uses on non-commercial agricultural land (“A” zoning
districts) in the same
manner as they are allowed on commercial agricultural land (“CA”
zoning districts), as set
forth in Objective 5.13 above and in SCCC 13.10.
5.14.12 Non-Commercial Agricultural Land Division and Density
Requirements
(LCP) Encourage the conservation of productive and potentially
productive agricultural lands
through retention of large parcels and a minimum parcel size of
10-40 net developable
acres, based on the Rural Density Matrix, for lands designated
for Agriculture but which
are not identified as commercial agricultural land. Utilize the
following criteria for land
divisions and residential development proposals on land
designated Agriculture but not
designated as commercial agricultural lands on the General Plan
and LCP Resources and
Constraints Maps:
(a) Based on the Rural Density Matrix, the minimum parcel size
shall be 10-40 net developable acres and the maximum residential
density on an existing parcel of record shall
not exceed one unit per 10-40 net developable acres.
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(b) Division or development of parcels may be allowed at
densities of 2½-20 net developable acres under the following
conditions:*
(1) The land has been determined to be non-viable for commercial
agriculture, as
determined by policies 5.13.20 and 5.13.21, and that continued
or renewed
agricultural use is not feasible;
(2) Adequate buffering can be provided between any proposed
non-agricultural
use and adjacent commercial agricultural uses, as specified in
the County Code;
(3) All proposed building sites are within ½ mile of a through
County-maintained
road; and
(4) Less than 50 percent of the land area within ¼ mile of the
subject property is
designated as agricultural resource and/or Mountain
Residential.
* An exception to the minimum parcel size and conditions 1, 3
and 4 in subdivision (b) applies
to the creation of a new parcel for an ARFH project where
necessary to obtain financing for
construction of the project. Such a parcel shall not be less
than one acre in size, and shall not
include a condominium map.
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Figure 5-2: Summary of Farmworker Housing Project Types
Project Type
In CA, A, and AP
Zoning Districts *
Inside Coastal
Zone
Outside Coastal
Zone
Projects Housing Five or More Farmworkers
(EHA Projects)
Includes any of these project types:
Principal Permitted Use pursuant to
State Law (EHA), with:
Level V Site
Development
Permit and
EHA License
**
Level III ASD
Permit and
EHA License
• Projects of 5 to 36 beds in group quarters
• Projects of 5 to 12 dwelling units, mobile homes, or other
housing accommodations
• Small Projects of 1 to 4 dwelling units proposed to house at
least 5 farmworkers
EHA Projects may be seasonal, temporary, or
permanent, as defined in the EHA
Small Projects of 1 to 4 dwelling units
proposed to house 4 or fewer farmworkers
Conditional
Use
Level V Site
Development
Permit
Principal
Permitted Use
Level III ASD
Permit
ARFH Projects Not Allowed Conditional Use
Level VII
Development
Permit
* Note that while some projects may not require a conditional
use permit, all projects require at
least an Administrative Site Development (ASD) Permit to ensure
appropriate review of siting,
buffering and other characteristics.
** EHA License is the Permit to Operate an Employee Housing
Facility issued by the
Environmental Health Services Division of the County’s Health
Services Agency.
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SECTION III
Chapter 7: Parks, Recreation, and Public Facilities
A. Under Objective 7.20 “Sanitation Facilities Within the Rural
Services Line,” and
Objective 7.21 “Sanitation Facilities in Rural Areas”, Policies
7.20.2, 7.21.5, and 7.21.6 are hereby amended to read as
follows:
Objective 7.20 Sanitation Facilities Within the Rural Services
Line
7.20.2 Rural Services Line Areas Without Community Sewage
Disposal Systems (LCP) Require new development within the Rural
Services Line to meet individual sewage
disposal system standards set forth in the Sewage Disposal
ordinance unless served by a
community sewage disposal system as described in 7.20.1.
Densities shall be calculated
using suburban land use designation standards until a community
sewage disposal system
is provided, except that school employee housing and affordable
rental housing in the
Public Facility Zone District and farmworker housing projects
(all project types defined in
SCCC 13.10) in agricultural zones are quasi-public or
agricultural land uses and are not
subject to the suburban residential density limit. Such
projects, if located on a site with an
individual septic system, are subject to approval of the
proposed septic system by the
Environmental Health Division of the County’s Health Services
Agency.
Objective 7.21 Sanitation Facilities in Rural Areas
7.21.5 Community Sewage Disposal Systems Outside the Urban
Service Line and
(LCP) Rural Services Line
Prohibit the use of community sewage disposal systems (including
package sewer plants)
outside the Urban Services Line and Rural Services Line except
as follows:
(a) Allow the continued operation of existing systems; and
(b) Allow new systems in developed areas to correct existing
disposal problems
where individual sewage disposal systems are not suitable;
and
(c) Allow new systems to serve 100% affordable rental housing
projects, Employee
Housing Act (EHA) projects and Affordable Rental Farmworker
Housing (ARFH)
Projects as defined in SCCC 13.10, and public
facility/institutional uses such as
schools, and to serve school employee housing as provided in
General Plan Policy
2.21.1 on sites owned by a public or private school.
Allow systems under conditions (a), (b) and (c) only where
approved by the Regional
Water Quality Control Board, LAFCO, Public Works, Environmental
Health Services;
and where operated by a public agency or private contractor to a
public agency or a
school, or for EHA and ARFH projects where the property owner
enters into a recorded
agreement with the County to provide for ongoing maintenance of
the community sewage
disposal system.
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7.21.6 Sanitary Service Connections Outside Urban Services Line
and Rural
Services Line
(LCP) Allow sewer service connections from community sewage
disposal systems to areas
outside the Urban Services Line or Rural Services Line and size
line extensions only to
serve the following:
(a) existing public facilities/institutional uses such as
schools, including school employee rental housing, or
(b) EHA and ARFH projects permitted pursuant to SCCC 13.10, or
(bc) existing development which that conforms to the General Plan
land use
designation, and which have failing septic systems not able to
be repaired, or
(cd) one existing dwelling unit per existing parcel of record
which has a failing
septic system not able to be repaired.
In no case shall such connections allow for additional
residential density beyond that
allowed by (a) through (d) above.
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ORDINANCE NO. _______
ORDINANCE AMENDING CHAPTERS 13.10, 17.02 AND 18.10 OF THE SANTA
CRUZ
COUNTY CODE RELATING TO AFFORDABLE HOUSING AND SCHOOL
EMPLOYEE
HOUSING IN THE PUBLIC FACILITY ZONE DISTRICT
The Board of Supervisors of the County of Santa Cruz hereby
ordains as follows:
SECTION I
In the “PF Uses Chart”, as provided in SCCC 13.10.362(B)(2) the
uses listed under “Residential Uses”
beginning with “Child care homes, large family” and ending with
“Temporary mobile home” are hereby
amended to read as follows:
PF USES CHART
USE
APPROVAL
LEVEL
Residential Uses
Affordable rental housing (see SCCC 13.10.365)
2-4 units 5
5 or more units 6
Child care homes, large family (must be in conjunction with
residential use) (see
SCCC 13.10.686 and 13.10.700-C definition)
5
Child care homes, small family (must be in conjunction with
residential use) (see
SCCC 13.10.700-C definition)
P
Residential uses pursuant to a master use permit 5/6/7A
School employee housing (see SCCC 13.10.365)
2-4 units 5
5 or more units 6
Temporary mobile home or manufactured housing for caretaker,
manager or
staff, for a period of not more than 3 years
5A
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SECTION II
SCCC 13.10.365, “Special standards and conditions” is hereby
amended by adding subsection B, “Special
standards for school employee housing and affordable
multi-family rental housing,” to read as follows:
(B) Special standards for school employee housing and affordable
rental housing.
(1) Definitions. As used in this Article VI, Public and
Community Facilities PF District, the
following phrases are defined as follows:
(a) “Affordable rental housing” means a multi-family rental
housing project in which all
the units, except for a manager’s unit, are affordable to and
restricted to occupancy by lower-
income households as defined in Title 25 of the California Code
of Regulations, § 6928.
Affordable rental housing projects may be located on a site in
the Public and Community
Facilities “PF” zone district within the USL or RSL. The housing
shall be developed and
operated by a qualified 501(c)(3) non-profit organization and
restricted for lower-income
housing use for a term of at least 55 years, pursuant to a
recorded rent regulatory agreement
with the County. The project may not be subdivided into
individual condominium units for
sale.
(b) “School employee housing” means multi-family rental housing
for employees of the
school district or private school (“school entity”) that owns
the housing project. The rental
units may be designed for occupancy by an individual employee of
the school entity, or by
an employee and their family or household, or a combination of
unit types. School employee
housing shall be located on sites that are 1) owned by a school
entity; and 2) located in the
Public and Community Facilities (PF) Zone District, as provided
in SCCC 13.10 Article V,
“Public and Community Facilities PF District,” SCCC
13.10.361–13.10.365. The project
may not be subdivided into individual condominium units for
sale.
(2) Residential Density. The density range for school employee
housing and affordable rental
housing shall be up to Urban High Density. The appropriate
number of units shall be determined
for each project, based upon an analysis of the adequacy of
services and infrastructure that exists
or that will be provided concurrent with development to support
the proposed number of residential
units and protection of environmental resources pursuant to SCCC
Title 16. As a public/quasi-
public use, school employee housing proposed on PF-zoned sites
located outside the URL and
RSL is not subject to residential density determinations in SCCC
13.14, Rural Residential Density
Determinations.
(3) Application Requirements.
Applications for school employee housing and affordable rental
housing require discretionary
approval as provided in SCCC 13.10.362(B)(2) (PF Uses Chart) and
are subject to environmental
20
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review under state law. As required pursuant to the General
Plan, SCCC 7.38, 7.70, 7.71, 7.73,
SCCC Title 16, and other applicable laws and regulations,
applications shall include information
to demonstrate that adequate services and infrastructure, such
as water supply, sewage disposal,
fire protection, and roads, are available or will be provided
concurrently with development. The
County or applicable special district may require additional
supplemental material and reports such
as traffic studies, environmental reports, evaluation of
potential impacts to water systems, and
certification by the Environmental Health Services Division of
the County Health Services Agency
and the fire protection agency as needed to demonstrate
compliance with laws and regulations
requiring protection of public health and safety and
environmental resources including riparian
areas and other sensitive habitats, water quality, and provision
of appropriate drainage and erosion
control.
SECTION III
SCCC 17.02.060, “Provision of urban services” is hereby amended
to read as follows:
17.02.060 Provision of urban services.*
(A) Public water systems, sanitary sewer facilities and urban
level fire protection service shall
be provided consistent with County or special district capital
improvement programs to service
areas within the urban services line and may be provided to
serve other areas within the rural
services line.
(B) Public sanitary sewer facilities shall not be established or
extended to serve new development
projects outside the urban services line or the rural services
line.
(C) Inside the Coastal Zone, public water systems shall not be
established or extended to serve
new development projects outside the urban services line or
rural services line unless such services
are necessary for water resource protection and enhancement.
(D) Inside the Coastal Zone, community sewage disposal systems
shall not be established or
extended to serve new development projects outside the rural
services line. Within the rural
services line, only such community sewage disposal systems as
are approved by the Regional
Water Quality Control Board, the Environmental Health Services
Division of the County Health
Services Agency and the County Department of Public Works shall
be permitted.
(E) Public water and sewer lines other than for agricultural use
shall not be placed on Type 1A,
2A, 2B, 2D or 3 agricultural lands as designated in SCCC 16.50,
except where adequate safeguards
are incorporated to ensure that such facilities will not result
in the conversion of such agricultural
lands to nonagricultural uses. Within the Coastal Zone, this
exception shall only be allowed for
sewer transmission lines to and from the sewage treatment plant
of Watsonville and the untreated
water lines from the North Coast water sources of Santa Cruz.
For the purposes of this chapter,
safeguards shall include, but not be limited to:
(1) Prohibiting hookups to trunk lines through prime
agricultural lands; except to provide
sewage treatment service to affordable rental farmworker housing
on agricultural land
outside the Coastal Zone; and
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The Board of Supervisors of the County of Santa Cruz hereby
ordains as follows:
SECTION I
In SCCC 13.10.312(B), Agricultural Uses Chart, the new use
category titled “Agricultural Employee (Farmworker) Housing” and
accompanying uses are hereby added, and the use category
“Agricultural Support and Related Facilities” from the beginning of
the section to the use “Manufactured homes, for temporary occupancy
as a caretaker’s or watchman’s quarters,” is hereby amended, and an
additional footnote is added to the “Key,” to read as follows:
AGRICULTURAL USES CHART
KEY:
***** = For the purposes of agricultural employee (farmworker)
housing only, P/# means that the use is principally permitted, with
the number after it referring to the process for a required Site
Development Permit.
USE CA A AP
Agricultural Employee (Farmworker) Housing (subject to SCCC
13.10.631) *****
EHA (Employee Housing Act) projects outside the Coastal Zone,
subject
to SCCC 13.10.631 and California Health and Safety Code Section
17008
and Section 17021.6. EHA projects provide permanent, temporary
or
seasonal housing for five or more farmworkers (agricultural
employees),
including the following types as defined in SCCC 13.10.631:
Employer-Provided Farmworker Housing Project:
• 5 to 36 beds in group quarters designed for single adult
farmworkers, or
• 5 to 12 dwelling units, mobile homes, recreational vehicles
(RV), or mobile home/RV spaces, each designed for occupancy by at
least one farmworker and their household.
Rural Farmworker Housing Project (rural areas only):
• 5 to 36 beds or 5 to 12 units for Seasonal or Temporary
Occupancy, or
• up to 12 mobile homes, manufactured homes, travel trailers,
RVs
for permanent occupancy.
P/3 P/3 P/3
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USE CA A AP
Small Farmworker Housing Project subject to EHA: 1 to 4 dwelling
units or mobile homes housing at least 5 farmworkers and licensed
by Enforcement Agency, with each unit designed for occupancy by at
least 1 farmworker and their household.
EHA projects inside the Coastal Zone, of any type listed above
P/5 P/5 P/5
Small Farmworker Housing Project not subject to EHA:
1 to 4 dwelling units housing no more than 4 farmworkers total,
and at
least one per dwelling unit, subject to SCCC 13.10.631
Inside Coastal Zone
Outside Coastal Zone
5
P/3
5
P/3
5
P/3
Affordable Rental Farmworker Housing Project pursuant to
Development
Reserve and SCCC 13.10.631 (see SCCC 13.10.631 for map of
eligible
areas)
Inside Coastal Zone
Outside Coastal Zone
--
7
--
7
--
7
Agricultural Support and Related Facilities
Accessory dwelling unit, subject to the provisions of SCCC
13.10.681
Outside the Coastal Zone 4 BP —
Inside the Coastal Zone 5 BP —
Barns, corrals, or pens used for animal husbandry, subject to
the
provisions of SCCC 16.22.060
BP3 BP3 BP3
Caretaker’s quarters, permanent, (see Small Farmworker
Housing
Project, above)
5 5 5
Child care homes, small family (must be in conjunction with
residential
use) (see SCCC 13.10.700-C definition)
P P P
Commercial boarding of animals, subject to the provisions of
SCCC 13.10.641(B)
P/5 P/5 P/5
Consumer harvesting, on-site** P P P
Dwelling unit, one detached single-family per parcel, subject to
the
provisions of SCCC 13.10.314
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USE CA A AP
Inside the Coastal Zone (requires APAC review in the CA and
AP
Zone Districts)
5 BP3 5
Outside the Coastal Zone BP3 BP3 BP3
Dwelling unit, one detached single-family per parcel, 5,000
square feet or
larger, exclusive of accessory structure(s) associated with the
residential
use, but specifically excluding barn or similar accessory
structures subject
to the provisions of SCCC 13.10.314 and 13.10.325
5 5 5
Dwelling units, dwelling groups subject to the provisions of
SCCC 13.10.313(E), 13.10.313(F) and 13.10.314
2—4 units 5 5 5
5—19 units 6 6 6
20+ units 7 7 7
Energy facilities, community, subject to the provisions of SCCC
13.10.661
and 13.10.700-E (definition)
5 5 5
Facilities for fish and wildlife enhancement and preservation P
P P
Farmworker housing (see Agricultural Employee (Farmworker)
Housing,
above)
Farm outbuildings and other agricultural accessory structures
for storage
or equipment with or without a single room containing lavatory
facilities
BP3 BP3 BP3
Fences, subject to the provisions of SCCC 13.10.525 P/3/5 P/3/5
P/3/5
Fire protection facilities — 5 —
Flood control works, including channel rectification and
alteration; dams,
canals and aqueducts of any public water project
5 5 5
Foster homes for seven or fewer children, not including those of
the
proprietary family (see SCCC 13.10.700-F definition)
P P P
Foster homes for eight or more children, not including those of
the
proprietary family (see SCCC 13.10.700-F definition)
5 5 5
Fuel storage tanks and pumps BP2 BP2 BP2
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USE CA A AP
Greenhouse structures, as accessory structures, under 500 square
feet in
area
BP2 BP2 BP2
Greenhouse structures, outside the Coastal Zone, subject to
the
provisions of SCCC 13.10.636(A)
500—20,000 square feet 3 4 3
Over 20,000 square feet 4 4 4
Greenhouse structures soil dependent****, inside the Coastal
Zone,
subject to the provisions of SCCC 13.10.636(A) and 13.20.073
500—20,000 square feet 3 3 3
Over 20,000 square feet P/4 P/4 P/4
Greenhouses, improvements and expansions up to 10,000 square
feet in
area, inside the Coastal Zone, subject to the provisions of
SCCC 13.10.636(A) and 13.20.073
BP3 4 BP3
Greenhouses, all others in the Coastal Zone
Up to 20,000 square feet P/5 P/5 P/5
Greater than 20,000 square feet 5 5 5
Greenhouse replacement, reconstruction or structural alteration,
pursuant
to SCCC 13.10.636(B) and (C)
BP3 BP3 BP3
Habitable accessory structure when incidental to a residential
use and not
for agricultural purposes, subject to the provisions of SCCC
13.10.611
BP/4/5 BP/4/5 BP/4/5
Nonhabitable accessory structure when incidental to a
residential use and
not for agricultural purposes (subject to the provisions of
SCCC 13.10.313(A) and 13.10.611)
BP/4/5 BP/4/5 BP/4/5
Home occupations subject to the provisions of SCCC 13.10.613 P/5
P/5 P/5
Hosted rentals, subject to SCCC 13.10.690 1P 1P 1P
Kennels, commercial or private, for five or more dogs or cats
over the age
of four months subject to the provisions of SCCC 13.10.323
5 5 5
Lumber mills — 5 —
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USE CA A AP
Manufactured home, as a single-family dwelling unit, subject to
the
provisions of SCCC 13.10.682
Inside the Coastal Zone 5 5 5
Outside the Coastal Zone BP3 BP3 BP3
SECTION II
SCCC 13.10.631, “Farm worker/caretaker housing—Mobile homes,
farm worker quarters and
farm worker camps,” is hereby repealed in its entirety and
replaced with the following:
13.10.631 Farmworker (agricultural employee) housing
(A) Purposes. The purposes of regulations for farmworker housing
are:
(1) To recognize farmworker housing as an agricultural land use
necessary for
commercial agricultural operations;
(2) To permit and encourage a sufficient supply of housing for
agricultural employees
(“Farmworker Housing”) to meet the needs of local growers and
farmworkers and to address
County goals related to farmworker housing;
(3) To comply with the California Employee Housing Act (“the
Act” or “EHA”), as defined
below, related to local regulation and permitting of employee
housing, as defined in the Act,
for farmworkers;
(4) To provide clear development standards and permitting
procedures for the
development of farmworker housing projects of up to twelve
dwelling units, mobile homes,
or recreational vehicle spaces, or five to thirty-six beds in
group quarters, including
permanent, temporary, or seasonal farmworker housing projects,
consistent with Section
17021.6 of the Act (“EHA Projects”);
(5) To clarify development standards and permitting procedures
for the development of
small agricultural employee housing projects of one to four
dwelling units or mobile
home/trailer spaces (“Small Farmworker Housing Projects”),
including permanent,
temporary, or seasonal farmworker housing projects as defined in
the Act;
(6) To codify review procedures and development standards for
utilization of the
Development Reserve (“DR”) established in the General Plan to
allow development of up to
200 units of affordable rental housing for farmworker households
(“Affordable Farmworker
Housing Projects”) on qualifying sites within unincorporated
South County, as defined
herein;
(7) To provide clear provisions for monitoring and enforcement
of applicable occupancy
standards, licensing requirements, and health and safety codes
for farmworker housing
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https://www.codepublishing.com/CA/SantaCruzCounty/#!/SantaCruzCounty13/SantaCruzCounty1310.html#13.10.682
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projects, to ensure the housing is occupied by farmworker
households, and that the housing
and associated infrastructure meets health and safety codes;
and
(8) To prevent the conversion of agricultural land to
non-agricultural uses, while allowing
development of farmworker housing needed for farming operations
to thrive.
(B) Applicability. This section applies to farmworker housing
projects proposed in the
Commercial Agriculture (CA), Agricultural Preserve (AP), and
Agriculture (A) zone districts. In the
event of any conflicts between SCCC 13.10 and the Act with
respect to Employee Housing, as
defined below, the Act, as it may be amended, shall prevail.
This is declaratory of existing law.
Notwithstanding other provisions of this code, nothing in this
section shall be deemed to eliminate
already existing farm worker housing currently allowed by law,
nor to prohibit rehabilitation of such
existing farm worker housing so long as such rehabilitation
complies with all applicable State and
County health, safety, fire, housing, and construction
codes.
(C) Definitions. For the purposes of this section, the following
words and phrases shall be defined as set forth in this section
13.10.631 and as further defined in the Act, where indicated. In
the event of any conflict between the definitions in this section
and definitions of the same or similar terms in 13.10.700, the
definitions herein shall prevail.
(1) “Affordable Rental Farmworker Housing Project” (“ARFH
Project”) or “Affordable
Project” means a subsidized, rent-restricted, multi-family
rental housing development
of more than 12 units developed by a non-profit housing provider
for lower-income
farmworker households, pursuant to the Development Reserve
established in the
General Plan, and subsection 13.10.631(G).
(2) “Agricultural Employee” means an employee engaged in
agriculture, which includes
farming in all its branches, including but not limited to the
cultivation and tillage of the
soil, dairying, the production, cultivation, growing, and
harvesting of any agricultural or
horticultural commodities, the raising of livestock, bees,
furbearing animals, or poultry,
and any practices performed by a farmer or on a farm as an
incident to or in conjunction
with such farming operations, including preparation for market
and delivery to storage
or to market or to carriers for transportation to market, as
further defined in California
Labor Code §1140.4(b). “Agricultural Employee” also means farm
worker, farmworker,
or farm laborer. “Agricultural Employee” does not include
persons engaged in
household domestic service, or certain employees of religious or
charitable entities
listed in Section 17005(b) and (c) of the Act. Agricultural
Employees earn their primary
income through permanent or seasonal agricultural labor.
(3) “Agricultural Employer” means one engaged in an agriculture
who employs
employees, as further defined in Labor Code Section
1140.4(c).
(4) “EHA Project” means a proposal to develop a project to
provide housing for at least
five farmworkers, pursuant to Section 17021.6 of the Act,
including any of the following
project types defined below: an Employer-Provided Farmworker
Housing Project or
Rural Farmworker Housing Project consisting of no more than 12
dwelling units or
other housing accommodations designed for occupancy by a
household, or up to 36
beds if the project consists of group quarters; or a Small
Farmworker Housing Project.
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(5) “Employee Housing” as used in this section 13.10.631 means
housing for at least five
employees as further defined in Section 17008 of the Act and
means the same as
“labor camp” as that term may be used in various State of
California laws.
(6) “Employee Housing Act” or “EHA” or “Act” means California
Health and Safety Code
Section 17000-17062.5, as may be amended by the State of
California from time to
time.
(7) “Employer-Provided Farmworker Housing” means housing
accommodations
described in Section 17008(a) of the Act for five or more
farmworkers by their employer
and maintained in connection with any work or place where work
is being performed,
whether or not rent is involved.
(8) “Enforcement Agency” or “Local Enforcement Agency” means the
Environmental
Health Services Division of the Health Services Agency of the
County of Santa Cruz
(“EHS”), which is authorized to enforce the Act within Santa
Cruz County. In the event
the County ceases to be the local enforcement agency, the
California Department of
Housing and Community Development (HCD) would be the Enforcement
Agency.
(9) “Farmworker” means an Agricultural Employee, as defined
above.
(10) “Farmworker Housing” means Employee Housing for
agricultural employees, or any
other type of farmworker housing project authorized by this
Section 13.10.631.
(11) “HCD” means the California Department of Housing and
Community Development, or
its successor agency.
(12) “Housing accommodations” as used in reference to EHA
Projects, means any living
quarters, dwelling, boardinghouse, tent, bunkhouse,
maintenance-of-way car,
mobilehome, manufactured home, recreational vehicle, travel
trailer, or other housing
accommodations, maintained in one or more buildings or one or
more sites, and the
premises upon which they are situated or the area set aside and
provided for parking
of mobilehomes or camping of five or more employees by the
employer.
(13) “License” means a permit to operate Employee Housing issued
by the Enforcement
Agency pursuant to Section 17030-17039 of the Act.
(14) “Rural Farmworker Housing” means housing accommodations as
described in Section
17008(b) of the Act which are: located in an agricultural zone,
and in a rural area as
defined in California Health and Safety Code Section 50101;
provided by someone
other than an agricultural employer; and provided for five or
more farmworkers of any
agricultural employer(s) for any of the following purposes:
(a) Temporary or seasonal occupancy, as defined herein.
(b) Permanent occupancy, if the housing accommodation is a
mobilehome,
manufactured home, travel trailer, or recreational vehicle.
(c) Permanent occupancy, if the housing accommodation consists
of one or more
existing, conventionally built (i.e., subject to State Housing
Code – Health and
Safety Code Sections 17910-17998.3, also known as “stick-built”)
structure(s)
on the site that are at least 30 years old, and at least 51
percent of the dwelling
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units or 51 percent of the beds in group quarters in the
existing structure(s), are
occupied by farmworkers.
(15) “Seasonal Occupancy” or “seasonal employee housing” means
farmworker housing
which is operated annually on the same site and which is
occupied for not more than
180 days in any calendar year, as further defined in Section
17010(b) of the Act.
(16) “Single-Family Farmworker Housing” means any housing
accommodations occupied
by no more than six farmworkers for which the owner/operator has
obtained or seeks
a License pursuant to Section 17021.5 of the Act, which allows
such projects to be
deemed a single-family dwelling and a residential use of the
property.
(17) “Small Farmworker Housing Project” or “Small Project” means
a farmworker housing
project of one to four dwelling units, each to be occupied
exclusively by farmworker(s)
or a farmworker family, including any existing or proposed
caretaker’s unit. The four-
unit limit for this project type does not include any existing
or proposed primary
residence and/or accessory dwelling unit on the same parcel.
(18) “Temporary Occupancy” or “Temporary employee housing” means
farmworker
housing which is not operated on the same site annually, and
which is established for
one operation and then removed, as further defined in Section
17010(a) of the Act.
(D) EHA Projects
This section applies to farmworker housing projects that provide
housing for at least five
farmworkers and are proposed pursuant to Section 17021.6 of the
Act (“EHA Projects”). Eligible
project types include Employer-Provided Farmworker Housing or
Rural Farmworker Housing
projects, as defined above, of up to twelve dwelling units or up
to 36 beds in group quarters
(dormitory-style housing); or a Small Project, as defined above,
that provides housing for at least
five farmworkers. EHA Projects may be for Seasonal or Temporary
Residency, as defined above.
EHA Projects shall not include any proposed land division (i.e.,
parcel map, subdivision map or
condominium map) for the purposes of creating a separate parcel
for the EHA Project and/or for
one or more EHA unit(s).
(1) Required Permits and Approvals.
(a) Site Development Permit. In the CA, AP and A zone districts,
EHA Projects
proposed pursuant to this Subsection D are considered an
agricultural use and require
an Administrative Site Development Permit (Level III) from the
Planning Department.
Conditions of approval may be imposed by the Director to ensure
compliance with the
performance standards of this section and with the Act.
(b) Water and Sanitation Permits. EHA Projects not connected to
community sewer
or water shall obtain required County permits for proposed well
water and/or septic
systems pursuant to SCCC 7.38, 7.70, 7.71 and 7.73 as
applicable. EHA Projects on
well water that meet the definition of a Public Drinking Water
System shall comply with
State Water Resources Control Board standards.
(c) Building Permits. EHA Projects shall obtain building permits
or other required
permits, depending on type of housing accommodations proposed
for the project. For
EHA Projects consisting of two to four mobile or manufactured
homes (not on a
permanent foundation system) or recreational vehicles, or spaces
for two to four
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mobile homes or recreational vehicles (a “trailer park”), HCD is
the permitting agency.
For EHA Projects of five to twelve spaces, mobile homes, or
recreational vehicles, the
County is the permitting agency.
(d) Recorded Covenant. The site development permit shall include
a condition of
approval for the property owner to record a farmworker housing
covenant with the
County to provide constructive notice of and ensure owner’s
compliance with the
requirements of this section 13.10.631, the Act, and their
License.
(e) License. EHA Projects shall obtain and maintain a License to
operate the
proposed farmworker housing from the Enforcement Agency pursuant
to Section
17030-17039 of the Act. The Enforcement Agency in the County is
the Environmental
Health Services Division of the County Health Services
Agency.
(i) Applicants shall apply for the License at least 45 days
before initial occupancy, after the Site Development Permit and any
required building or other ministerial permits have been obtained
for the project. The application form is available from the
Enforcement Agency and requires applicant to provide all
information listed in Section 17032 of the Act. (ii) Applicant
shall submit a letter requesting a modification to the License
whenever there is a change in any of the information provided on
the License application form, such as a reduction or increase in
the number of units or beds occupied by farmworkers, or any other
information on the form. (iii) Licenses are issued for a one-year
period and subject to annual monitoring by the Enforcement Agency.
Applicant shall submit a letter each year requesting an annual
renewal of the License for as long as the housing continues to be
operated as employee housing. (iv) Any operator of an EHA Project
that fails to obtain or maintain the required License for the
project shall be subject to the penalties of Section 17037 of the
Act, including in some cases a requirement to pay double or ten
times the applicable licensing fees.
(f) Certificate of Non-operation. If the EHA Project ceases to
be occupied by
farmworkers, the operator shall submit a letter certifying
non-operation to the
Enforcement Agency within 30 days, noting the date on which the
housing ceased to
be occupied, consistent with Section 17037.5 of the Act. The
Certification of Non-
Operation shall be submitted to the Enforcement Agency annually
for two years
following discontinuation of the use of any area or structure on
the property identified
in operator’s License as farmworker housing. The Certification
shall attest under
penalty of perjury that the farmworker housing has been
destroyed, or is no longer
owned and operated, or has not been and shall not be occupied by
five or more
employees during the calendar year. Operator shall send a copy
of the Certification of
Non-operation to the County Planning Department concurrently
with delivery to the
Enforcement Agency.
(i) If a Certification of Non-Operation is filed within ten
years of issuance of the initial certificate of occupancy for the
EHA Project, the provisions of Section 17021.6(f) may be invoked by
County for recovery of any waivers of impact fees,
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taxes or costs that may have been associated with the initial
permitting of the EHA Project. (ii) Filing of a Certification of
Non-Operation shall be considered a conversion to another use. The
EHA Project shall not be converted to any other use unless the
conversion is approved in advance by the County through the
Planning Department. Any conversion shall be subject to all
applicable County codes (zoning, building, fire, etc.) and
permitting requirements at the time of the conversion. Development
initially permitted as an EHA Project and then converted without
prior County approval will not be “grandfathered in” or considered
legal non-conforming structures for uses other than farmworker
housing.
(g) Environmental Review. EHA Projects are subject to
environmental review
(“CEQA”). The Public Resources Code provides some exemptions to
CEQA that may
apply to certain types of farmworker housing defined herein.
(2) Development Standards and Criteria.
EHA Projects shall comply with development standards of the CA,
AP and A zone districts
applicable to agricultural uses as provided in SCCC 13.10.313,
as well as the additional
standards and criteria provided below. In the event of any
conflict between section
13.10.313 and the standards and criteria provided in this
section, those in this section
13.10.631 shall prevail.
(a) Density limitations. EHA Projects proposed in agricultural
zones are considered
an agricultural use pursuant to the Act and as such are not
subject to the residential
density limitations set forth in the General Plan or SCCC,
including SCCC 13.14.
(b) Unit Size. The maximum habitable floor area for a dwelling
unit intended for
occupancy by a single farmworker household (individual
farmworker or farmworker
family) in an EHA Project shall not exceed the following,
measured in square feet (SF):
Unit Size Maximum Habitable
Floor Area *
Studio or 1 bedroom 640 SF
2 bedrooms 800 SF
3 bedrooms 1,200 SF
4 or more bedrooms 1,400 SF
* Defined in SCCC 13.10.700-H
(c) Group Quarters. Structures designed as group quarters or
dormitories shall
provide at least 50 square feet of habitable area per bed (per
occupant) within the
dormitory structure.
(d) Height. Structures shall be limited to a height of 28
feet.
(e) Parking. EHA Projects shall comply with the parking
standards in SCCC
13.10.552 – 13.10.554, except that the minimum number of spaces
per unit or per bed
in an EHA Project shall be as set forth below:
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Unit Size Minimum Parking Spaces required
Studio or 1-bedroom 1
2 or 3 bedrooms 2
4 or more bedrooms 2.5
Group Quarters .5 per bed
(i) Parking Exceptions. The Director may approve a reduction in
required parking spaces without a variance, if the applicant
provides evidence to the Director’s satisfaction that fewer parking
spaces than otherwise required by this section will be adequate for
the EHA Project, such as where transit service or alternative
transportation is available or is provided by the operator. (ii)
Alternate surfacing materials (e.g., base rock or gravel) may be
allowed for parking areas and/or accessways to the EHA, if the
Director finds that the alternate surfacing materials will help to
preserve agricultural land, and the surfacing will be installed and
maintained in a manner that will prevent erosion and will provide
adequate drainage, and such alternate is acceptable to other
involved reviewing agencies (i.e., fire district, Public
Works).
(f) Siting. EHA Projects shall be sited on the parcel, to the
extent feasible, to avoid placing units or structures on prime
agricultural land or other productive soils, and to avoid or
minimize exposure of occupants to hazards associated with
agricultural operations on the site or adjacent properties. As an
agricultural use, EHA projects are not subject to SCCC 16.50.095,
Agricultural buffer setbacks.
(i) Minimize disturbance. To the extent feasible, EHA Projects
shall be sited on the least viable portion of the parcel or in such
a way as to disturb the least amount of productive farmland.
Depending on site conditions, this may be achieved by siting the
EHA Project near existing development on the site, using existing
site access, and minimizing the use of paving materials or other
impervious surfacing to the minimum necessary to accommodate the
EHA Project. (ii) Buffers. To the extent feasible, housing
accommodations shall be sited at least 50 feet from any active
agricultural operations on the subject parcel, including areas
subject to machine cultivation or pesticide application. If such
distances are not feasible, buffering techniques, such as fencing,
screening with vegetation, or other techniques may be used to
provide a buffer between farmworker housing and farming operations,
subject to Department approval. Housing accommodations shall not be
located within 75 feet of any livestock barns, pens or similar
quarters of livestock or poultry, consistent with State
regulations.
(3) Enforcement.
(a) Violation of any conditions of approval of a License, the
Act, or any County permit
or approval of an EHA Project shall be considered a violation of
the Santa Cruz County
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Code, subject to enforcement in accordance with SCCC 19.01,
which may include
fines, civil penalties, abatement of the use, conversion of the
housing units to non-
habitable structures, or removal of the structures. Any operator
found to be leasing
EHA units or beds in a licensed EHA Project to occupants other
than farmworkers or
farmworker families shall be deemed in violation of the County
Code pursuant to this
section.
(b) EHA Projects are subject to the enforcement provisions of
the Act (Section
17050-17062). Violations of the relevant use, occupancy, or
maintenance
requirements, or conditions of the License, are considered a
public nuisance under
the Act, and subject to abatement if not made to conform. The
Enforcement Agency
may pursue all enforcement actions authorized under the Act to
investigate and/or
abate violations.
(E) Single-Family Farmworker Housing
Single-Family Farmworker Housing projects as defined in
subsection (C) may, at the applicant’s
option, be proposed pursuant to Section 17021.5 of the Act, in
which case they are deemed a
residential use and subject to the same permitting requirements
and development standards that
apply to a single-family dwelling proposed in the applicable
zone, rather than being deemed an
agricultural use pursuant to subsection (D) above. All
Single-Family Farmworker Housing Projects
that provide housing for at least five farmworkers shall obtain
a License from the Enforcement
Agency pursuant to the Act.
(F) Small Farmworker Housing Projects
A Small Farmworker Housing Project of one to four farmworker
dwelling units per parcel, in
addition to any primary residence and accessory dwelling unit
that may exist on the site, shall be
processed as follows:
(1) Applicability of the Act.
(a) Small Farmworker Housing Projects proposed to provide
housing for at least five
individual farmworkers (i.e., one to four dwelling units, with
each unit housing at least
one farmworker and at least one unit housing more than one
farmworker) are
considered an EHA project and may be approved pursuant to
subsection (D) on a
parcel in an agricultural zoning district, subject to all
provisions of subsection (D) and
the Act, including the requirement to obtain a License.
(b) Small Farmworker Projects proposed to provide housing for
four or fewer
individual farmworkers (at least one farmworker per proposed
unit, not to exceed four
farmworkers total in the project) are not EHA Projects and are
not subject to the Act.
Such projects may be approved in agricultural zo